Winchendon District Court
Client a 39 year old man from Ashburnham, MA was charged with three counts of carrying a firearm without a license, possession of a large capacity firearm, and improper storage of a firearm. The three counts of carrying a firearm without a license carry a minimum mandatory 18 months in the house of correction each and the possession of a large capacity firearm has no district court final jurisdiction.
The client was a former federal officer who had allowed his license to carry firearms to lapse many years before and had since become ineligible to renew his license. Client got into a domestic disturbance with his girlfriend and she had him vacated from his house and obtained a domestic violence restraining order against him. Defendant was ordered to turn over all guns and ammunition pursuant to the restraining order. The girlfriend contacted the police and informed them the defendant had several firearms in his home.
Police discovered an unsecured rifle in defendant’s home and were able to confirm through the client that he had three hand guns in a safe. Defendant was adamant that he had not entered the safe in many years and had long ago forgotten the combination to the safe. It took several days for police to eventually gain access to the safe through the services of a locksmith.
Attorney Damian Riddle conferenced the matter with the District Attorney’s office at length over several months. Attorney Riddle argued on behalf of his client that the government could not prove possession, which was an essential element of all of the charges. The client had forgotten the combination to the safe and it took several days and a locksmith to gain access to them. In addition the client had at one time been lawfully licensed to possess the firearms.
Ultimately the district attorney’s office agreed to dismiss all of the charges except for the improper storage of the rifle, which was not locked in the safe and did not have a trigger lock on it. The client plead guilty to that one charge and was placed on unsupervised probation for one year.
Winchendon, MA criminal defense lawyers serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.
RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Winchendon Criminal Defense Attorney
603 Massachusetts Avenue, Suite 2